Question

Cancellation of instrument is mentioned in

• A. Section 8-25 of Specific Relief Act
• B. Section of 26 of Specific Relief Act
  (C) Section 31-33 of specific Relief Act
• C. Section 31-33 of specific Relief Act
• D. Sections 36-42 of Specific Relief Act

Hint:

A good way to study the Specific Relief Act is to remember the chapter headings and the remedies they contain: Ch. I (Recovery of Possession), Ch. II (Specific Performance), Ch. III (Rectification), Ch. IV (Rescission), Ch. V (Cancellation), Ch. VI (Declaratory Decrees), and Part III (Injunctions).

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
The question asks to identify the specific sections within the Specific Relief Act, 1963, that deal with the remedy of 'Cancellation of Instruments'. This is a form of specific relief where a court can order a written instrument to be cancelled if it is void or voidable against a person.

Step 2: Detailed Explanation:
Let's look at the structure of the Specific Relief Act, 1963:
\[\begin{array}{rl} \bullet & \text{Part II, Chapter IV - Rectification of Instruments: This is covered by Section 26. So, option (B) is incorrect. } \\ \bullet & \text{Part II, Chapter V - Rescission of Contracts: This is covered by Sections 27-30. } \\ \bullet & \text{Part II, Chapter VI - Cancellation of Instruments: This is explicitly covered by Sections 31 to 33. Section 31 lays down when cancellation may be ordered, Section 32 deals with what instruments may be partially cancelled, and Section 33 deals with the power to require restoration and compensation when an instrument is cancelled. This matches option (C). } \\ \bullet & \text{Part III, Chapter VII & VIII - Injunctions: This part on preventive relief starts from Section 36. Sections 36-42 cover various aspects of injunctions. So, option (D) is incorrect. } \\ \bullet & \text{Option (A) gives a very broad range (8-25) covering recovery of property and specific performance, but not cancellation. } \\ \end{array}\]

Step 3: Final Answer:
The correct answer is (C) as the remedy of Cancellation of Instruments is provided for in Sections 31 to 33 of the Specific Relief Act, 1963.